Questão jurídica principal
Whether the appellate court arbitrarily assessed the evidence concerning receipt of the warning letter with termination threat
Decisão extraída
The evidence assessment was not arbitrary; the appellate court could reasonably conclude that the registered letter was received and signed for on 18 October 2004.
Fundamentação extraída
The court held that arbitrariness requires a decision to be manifestly untenable. The appellate court's refusal to follow late evidence and its anticipatory assessment of proposed witness and expert evidence were defensible because the alternative version was implausible and the offered evidence was unlikely to change the result.